The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-08-26
"OCEAN WAVE LIME"
THE LAWS DELAY.
Judge Potter Grants Stay Of Proceedings in
the Sharp Case-The Next Step in the Suit.

NEW YORK, Aug. 25.rJudge Potter has grant
ed a stay in the Sharp case on the ground that
there is a reasonable doubt that the Judgment
reached in the court of Oyer and Terminer
should stand and he orders a stay in the exc
cuton of such Judgment until an appeal shall be
decided by the general term. The news of the
decision by Judge Potter reached the city about
noon and created no little excitement A num-
Der of people f1ocked to the court house to as
certain the truth of the reports. Among them
was Congressman Bourke Cochran, who was met
by a reporter in the building. All the eminent
pleader for Sharp would say was, II am very
well satisfied with the decision" He then passed
on. calmly triump phant. Nearly all the leading
lights in the trial are out of town. Judge Bar
rett is at the Grove Hotel, Block Island.
Judge Potter. in his decision, says: 'tHaving
n clear conviction that the trial court fell into
error in the admission of some OF the evidence
offered by the prosecution. and that for those
prrors the Appellate Court must grant the de-
fendaut new trial, have not therefore
amined the evidence any further than that IL had
pome relation to the objections and exceptions to
the evidence received upon the trial and the
charge of the trial judge. I have been called
upon to examine the charge and am quite free
50 say that the charge is remarkably clear. fair
and faultless. except in presenting for considera
of the jury the portions of the evidence which
think were enormously received upon The trial.
In my opinion important evidence received
upon the trial in these respects: First test-
mony given by the defendant before the railroad
committee Of the Senate authorized and directed
10 investigate the means and methods used
to obtain the consent of the local authorities to
construct a Broadway surface railroad; second,
the fact OF the absence of persons charged in
the indictment with the defendant with the
crime of bribery, and their sojourn in Canada
as the excuse of their non production as wit
nesses against the defendant by the prosecution;
third, the opinion or supposition of the witness
(Miller) to the motive purpose of DeLacy
when he handed Miller the So, ,00O The testi-
mony of the defendant taken before the
Senate committee under resolution passed by
the Senate" The Judge then quotes the resolu-
tions and continues: THE testimony given by
the defendant in answer to questions put to him
by the Senate committee and its counsel were
received In evidence over objections and excep-
tions upon the trial of the Indictment
of the defendant for bribery of of the
Board of Aldermen to construct the Broadway
railway. / am very decidedly of the opinion
the court erred in the admission of such testi-
muny. The rule at common law and before the
adoption OF the Constitution of the United
Etates, or that of any OF the States, was that a
witness should not be obliged to give evidence
which could be used against himself in any
criminal trial. That principle is embodied in
the Constitution of the United States and in
that OF this State, in these words: NO person
Bhall be compelled, in any criminal case. to be n
witness against himself The same principle,
Rppresend, is substantially contained in express
terms in the bill of rights and constitution OF
avery State of the Union"
MIR. Bourke Cochran this afternoon stated
The case could not come up now until the gen.
eral term met. next October. An application
will at once be made to have Sharp released on
bail by some judge of the Superior Court At
the district attorneys Office many anxious in
quirers called. No official notice had been re-
reived there. He notified District Attorney Mar
tine by telegraph, at Seabright, and expected
him back to-day. Messages were sent TO Mr.
De Lacy Nicoll, at Bar Harbor and to Colonel
Fellows. at York Harbor. Much rejoicing was
heard in the crowd around the building and the
general opinion was that Judge Potter had lust
ly decided to grant the stay of proceedincs IL
Is believed the question of bail will be argued
before Judge Potter Some days ago Mr. Nicoll
said speaking for Mr. MARITIME, that the latter
would strenuously oppose any motion to admit
Sharp to bail in of such magnitude,
where so much time and expense hac been spent
in securing a conviction. He thought that in
such a contingency the motion. if argued before
Judge Potter, would be made at Whitehall
ANY Judge in the State be called upon to fix
bail by the defense. The prosecution are
obliged TO appear and argue the case.
District Attorney MARITIME, who is stopping at
Long Branch, said to night that he had autici-
pated tina a stay would be granted in the Sharp
case. Several days ago he applied to Governor
Hill, asking him. in case n stay was granted, to
convene an extraordinary session OF the general
term, which would allow arguments In the case
10 be heard at once. III Sharp's lawyers ask
that he be admitted 10 bail, Mr. MARITIME says
he will demand that bail be fixed at 81, 600 000